§ 2-29. Commission investigation.

(a)

Initiation of the investigation.

(1)

An affirmative vote of a majority of the members of the parish commission is required to initiate an investigation. No commission member shall vote on any matter pertaining to the investigation in which such commissioner has a conflict of interest as defined under the provisions of R.S. 42:1101 et seq.

(2)

A statement of the parameters of the investigation shall be stipulated by a majority vote of the members of the parish commission prior to the commencement of an investigation; otherwise, an attempted investigation and all attendant matters are an absolute nullity. The statement of the parameters of the investigation shall be reduced to writing by the commission clerk. The parameters of the investigation shall include:

a.

The time frame of the inquiry;

b.

The specific purpose of the investigation;

c.

The name of the official, officer, employee, department, or agency to be investigated;

d.

The questions to be answered by the investigation; and

e.

The duration of the investigation.

(3)

The statement of the parameters of the investigation may not be amended except by a two-thirds vote of all the members of the parish commission.

(4)

The commission clerk shall, within ten days after the initiation of an investigation, notify and provide a statement of the parameters to the official, officer, employee, department or agency named in the investigation.

(5)

Once an investigation is initiated, the investigation or its progress shall not be disclosed or otherwise discussed during any meeting of the parish commission until the committee chairperson submits his final report to the commission.

(b)

Investigation committee—Appointment; membership; functions; expenses.

(1)

After the parish commission has determined to initiate an investigation and the parameters of the investigation have been established, the president of the parish commission shall appoint, subject to confirmation by a majority vote of the commission, five commissioners to serve as the investigation committee. The committee shall elect its chairperson, a vice-chairperson and a parliamentarian to conduct the meetings of the committee. The investigation committee may appoint the parish attorney or his designated representative to conduct or assist in the questioning of witnesses during the committee meeting.

(2)

All matters pertaining to the investigation shall be referred to the investigation committee.

(3)

At any time the investigation reveals any evidence of a crime, the investigation shall immediately cease and the evidence shall be delivered to the appropriate law enforcement agency. If criminal charges are pursued by the appropriate law enforcement agency, then the investigation committee shall not continue its investigation until the disposition of the criminal charges are resolved under applicable law. If the law enforcement agency declines to pursue criminal charges, then the investigation committee may proceed with its investigation. The time period in which a law enforcement agency conducts a criminal investigation shall not be computed as a part of the duration of the investigation stipulated in subsection (a)(2)e. of this section.

(4)

The expenses of the investigation committee shall be appropriated from the general fund budget of the parish commission. The commission shall approve an appropriate expenditure for the investigation. The proposed budget shall be introduced at the parish commission's next regularly scheduled meeting following the first investigation committee meeting. Notwithstanding anything contained in this section to the contrary, no parish employee, officer or agent shall receive or otherwise be entitled to a witness fee or per diem allowance for testifying before the investigation committee.

(c)

Same—Meetings; quorum; records and reports.

(1)

The chairperson of the investigation committee shall designate the place, date and time of its meetings. The chairperson of the investigation committee shall be required to call a committee meeting upon a written request of three members of the investigation.

(2)

The investigation committee shall give written public notice of its regular meetings in accordance with R.S. 42:4.1 et seq.

(3)

The investigation committee shall adopt special rules of procedure to conduct the business of the committee.

(4)

Three members of the investigation committee shall constitute a quorum.

(5)

A record of the committee proceedings shall be kept and maintained by the commission clerk.

(6)

The investigation committee may subpoena witnesses, administer oaths, take testimony and require the production of evidence. The chairperson, subject to a majority vote of the committee, is authorized to reject any evidence and quash any subpoenas.

(7)

Upon the conclusion of its investigation, the investigation committee shall submit an official report, including specific recommendations to the parish commission. At a minimum, the report shall contain the following:

a.

A description of the manner in which the committee undertook its charge;

b.

The facts uncovered or the information obtained;

c.

The findings or conclusions derived from the facts and the evidence; and

d.

Resolutions or recommendations.

(8)

The official report shall contain only that information which has been agreed upon by a majority vote of the investigation committee.

(d)

Evidence.

(1)

All evidence shall be received by the commission clerk and placed into the record of the proceedings of the investigation committee.

(2)

The commission clerk shall receive all tangible evidence, mark it for identification purposes and place it into evidence. Each member of the investigation committee shall be furnished a copy of each tangible piece of evidence whenever possible.

(3)

Any witness subpoenaed to testify before the investigation committee may be represented by legal counsel and shall be afforded all substantive and procedural due process protections guaranteed under the federal and state constitutions. The investigation committee may elect to place witnesses under the rule of sequestration. All testimony and the receipt of evidence shall be under oath and subject to the penalties of perjury.

(Code 1985, § 15-19; Ord. No. 3287, §§ 1—4, 3-14-1996)